Business and
Human Rights
4. The private sector, and technology
companies in particular, are bound by
the right to freedom of expression and
human rights.
a. The principles stated in this declaration equally
apply to the private sector.

PEN Declaration
on Digital Freedom

b. Companies must respect human rights, including
the right to freedom of expression, and must uphold
these rights even when national laws and regulations
do not protect them.
c. Technology companies have a duty to determine
how their products, services, and policies impact
human rights in the countries in which they intend to
operate. If violations are likely, or violations may be
inextricably linked to the use of products or services,
the companies should modify or withdraw their
proposed plans in order to respect human rights.
d. Technology companies should incorporate freedom
of expression principles into core operations, such as
product designs with built-in privacy protections.
e. If their operations are found to have violated
the right to freedom of expression, technology
companies should provide restitution to those
whose rights were violated, even when
governments do not provide remedies

PEN International promotes literature and freedom of expression
and is governed by the PEN Charter and the principles it
embodiesâ&#x20AC;&#x201D;unhampered transmission of thought within each
nation and between all nations. Founded in London in 1921,
PEN International connects an international community of
writers. It is a forum where writers meet freely to discuss their
work. It is also a voice speaking out for writers silenced in their
own countries. Through its Centres, PEN operates on all five
continents with 146 centres in 102 countries.
To learn more about the Declaration on Digital Freedom, visit
pen-international.org/pen-declaration-on-digital-freedom/
PEN International is a registered charity in England and Wales
with registration number 1117088.
Brownlow House, 50-51 High Holborn, London,WC1V 6ER.
United Kingdom. Tel: +44 (0)20 7405 0338

www.pen-international.org

Promoting Literature,
Defending Freedom of Expression

ARTICLE 1

Targeting Individuals
PEN recognizes the promise of digital
media as a means of fulfilling the
fundamental right of free expression.
At the same time, poets, playwrights,
essayists, novelists, writers, bloggers,
and journalists are suffering violations
of their right to freedom of expression
for using digital media.
Citizens in many countries have faced
severe restrictions in their access to and
use of digital media, while governments
have exploited digital technologies to
suppress freedom of expression and to
surveil individuals. The private sector
and in particular technology companies
have at times facilitated government
censorship and surveillance.
In September 2012 at the PEN
International Congress in Gyeongju, Korea,
PEN members approved this Declaration
on Digital Freedom, a concise statement
of PENâ&#x20AC;&#x2122;s position on threats to free
expression in the digital age.

1. All persons have the right to express
themselves freely through digital media without
fear of reprisal or persecution.
a. Individuals who use digital media enjoy full freedom
of expression protections under international laws and
standards.
b. Governments must not prosecute individuals or exact
reprisals upon individuals who convey information,
opinions, or ideas through digital media.
c. Governments must actively protect freedom of
expression on digital media by enacting and enforcing
effective laws and standards.

ARTICLE 2
Censorship

2. All persons have the right to seek and receive
information through digital media.
a. Governments should not censor, restrict, or control the
content of digital media, including content from domestic
and international sources.
b. In exceptional circumstances, any limitations on the
content of digital media must adhere to international laws
and standards that govern the limits of freedom
of expression, such as incitement to violence.
c. Governments should not block access to or restrict
the use of digital media, even during periods of unrest
or crisis. Controlling access to digital media, especially
on a broad scale, inherently violates the right to freedom
of expression.
d. Governments should foster and promote full access
to digital media for all persons.

ARTICLE 3

Surveillance
3. All persons have the right to be free from
government surveillance of digital media.
a. Surveillance, whether or not known by the specific
intended target, chills speech by establishing the
potential for persecution and the fear of reprisals.
When known, surveillance fosters a climate of
self-censorship that further harms free expression.
b. As a general rule, governments should not seek
to access digital communications between or among
private individuals, nor should they monitor individual
use of digital media, track the movements of individuals
through digital media, alter the expression of individuals,
or generally surveil individuals.
c. When governments do conduct surveillanceâ&#x20AC;&#x201D;
in exceptional circumstances and in connection
with legitimate law enforcement or national security
investigationsâ&#x20AC;&#x201D;any surveillance of individuals and
monitoring of communications via digital media must
meet international due process laws and standards
that apply to lawful searches, such as obtaining a
warrant by a court order.
d. Full freedom of expression entails a right to privacy;
all existing international laws and standards of privacy
apply to digital media, and new laws and standards
and protections may be required.
e. Government gathering and retention of data
and other information generated by digital media,
including data mining, should meet international laws
and standards of privacy, such as requirements that
the data retention be time-limited, proportionate,
and provide effective notice to persons affected